SpiritRadar.com (hereinafter as the “Service”) owned and operated by a company SpiritRadar s.r.o., having its registered office at Chelčického 95/15, České Budějovice, Postal Code 370 01, Czech Republic, Identification No. 09823522, registered in the Commercial Register Maintained by the Regional Court in České Budějovice under File No. C 30604 (hereinafter as the “Provider”) is provided to its registered users (hereinafter as “you” or the “User”) under these Terms and Conditions and any other operating rules or policies that may be published by the Provider (in particular Privacy Policy and Cookies Policy) setting out basic conditions for use of the Service and relationship between Users and the Provider (hereinafter as the “Terms and Conditions”).
By using this website and registering to participate in the Service, you expressly confirm acknowledgment and acceptance of the Terms and Conditions and agree to be bound by them.
The Service provides Users with various content and communication services regarding information about and comparison of chosen alcoholic goods with respect to their price or other parameters.
The Provider reserves a right to modify, change or discontinue in any way the Service without notice to Users. The Provider shall not be liable to Users or any third party for any modification, change or discontinue of the Services or this website.
For the purpose of using the Service all Users are required to be registered through the website’s registration interface.
The performance of registration and creation of an Use account requires the following personal information:
By completing the registration process you expressly confirm that all the personal information is current, true, accurate and complete. You are also solely responsible for updating and maintaining accuracy of the information you provide in relation to your User account.
All personal information shall be held and processed in accordance with the relevant legislation of the Czech Republic and the European Union. For more information please read the Privacy Policy.
You shall keep the every detail of your User account as well as your password strictly confidential and shall not permit any third party to use or access your User account on your behalf. You are entirely responsible for any and all activities which occur under your User account. You agree to immediately notify the Provider of any unauthorized use of your User account or any other breach of security known to you. The Provider will not be liable for any loss that any User may incur as a result of someone else using the User password or account, either with or without his / her knowledge. However, any User could be held liable for losses incurred by the Provider or another party due to someone else using the User account or password.
You agree that the Provider, in its sole discretion, may reject the registration and creation of your User account, for any reason, including and without limitation, any doubt regarding accuracy and truth of personal information, underage usage or repeated registration of the terminated User account.
EVERY USER MUST TO BE OF LEGAL DRINKING AGE IN ITS COUNTRY OF RESIDENCE. IF NO SUCH LAW EXIST IN A USER’S COUNTRY, THE USER HAVE TO BE OVER 21 YEARS OLD TO USE THIS WEBSITE AND THE SERVICE.
The Provider reserves a right to ask Users for further identification to prevent fraud, underage usage and/or for any other legal or legitimate purpose.
Using the Service is subject a following membership fees chosen by you during the registration process.
Currently valid membership fees (payment tariffs) are published on the website spiritradar.com/pricing or any other relevant website of the Provider (hereinafter as the “Membership Fees”).
By completing the registration process, the 14-days free trial for testing the Service will be activated before committing to a paid membership.
After expiration of the free trial, the Membership Fees for the Service will be charged on the specific payment date. A standard length of your billing cycle is one month. In some cases your payment date may change, for example if your payment method has not successfully settled or when you change your subscription plan.
The Provider may provide a discount on the Membership Fees to any User, for example in connection with a subscription and payment of the Membership Fees for a longer period of time. Currently valid discounts and conditions for their provision are published on the website. Please note that an User is not legally entitled to the discount and provision of the discount is in sole discretion of the Provider.
Charging the Membership Fees is processed by online payment platform Stripe. To use the Service you must provide your payment method and, unless you cancel your membership before your billing date, you authorize us and Stripe to charge the Membership Fees for every next billing cycle to your payment method.
You remain solely responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your User account, the Provider may suspend your access to the Service until the Membership Fee is successfully charged to a valid payment method.
Any User may cancel and terminate his / her User account at any time. All payments are non-refundable and the Provider shall not provide any refunds of paid Membership Fees.
You agree that the Provider, in its sole discretion, may terminate your User account or password, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, violation or acting inconsistently with the letter or spirit of the Terms and Conditions or applicable laws. You also agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that the Provider may immediately deactivate or delete your User account and any or all related information and files. The Provider reserves a right to bar any further access to such files or the Service. You expressly agree that the Provider shall not be liable to you or any third-party for any termination of your access to the Service. Advanced accounts that are terminated will not be refunded.
Should you object to any terms of the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to discontinue use of the Service. Upon termination of the Service, your right to use the Service immediately ceases. You shall have no right and the Provider shall have no obligation to refund any payments of the Membership Fees.
The Service and any content viewed through the Service are for User’s personal and non-commercial use only and may not be shared with any third parties. The Provider grants to registered Users a limited, non-exclusive, non-transferable right to access the Service and view its content. The User shall not use the Service for public performances.
This license does not include:
This website (or its part) nor the Service (or its part) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Provider.
The User shall not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized by the Terms and Conditions) content and information contained on or obtained from or through the Service.
You also agree not to:
The Service, or relevant third parties, may provide links to other web sites or resources. Because the Provider has no control over such sites and resources, you acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You shall use the Service and its content always in compliance with the Terms and Conditions and all applicable local, state, national and international laws and regulations. Every User is solely responsible for his / her activities and contents of its transmissions and contributions.
You agree not to use the Service for illegal purposes; not to interfere or disrupt networks connected to the Service; and to comply with all regulations, policies and procedures of networks connected to the Service.
You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
The Provider may, in its sole discretion, immediately terminate your User account should you fail to comply with the Terms and Conditions or applicable laws.
Users are entitled to input information, user reviews and other contributions concerning content of the Service (alcoholic goods) (hereinafter as the “Contributions”). User’s Contributions express the sole opinions of their authors and do not express the Provider’s opinions. The Provider is not responsible for the truthfulness of the information presented in User’s Contributions or compliance of such information with legal regulations.
Users are solely responsible for compliance of information forming their Contributions with legal regulations, in particular with third party rights to photographs used, rights to use trademarks and other designations, legal regulations covering protection of personality, personal data, protection against unfair competition or protection of industrial property.
The Provider is entitled to remove any Contribution without stating the reason, in particular if a Contribution is in conflict with legal regulations, accepted practices, is not related to the topic or is able to in any way damage the Provider or other Users. The Provider is not obligated to inform Users of removal of a Contribution or reasons for the removal.
By inputting a Contribution, you give the Provider your consent to use the Contribution as part of the Service, disclosing it to third parties, reproducing it or altering it, whether it is copyrighted work or not. The Provider is entitled to grant a right to use the Contribution to a third party (as exclusive or non-exclusive).
User’s Contributions are inputted independently by Users and are automatically published on the website without any prior check of the Provider. The Provider also does not exercise any influence over the activities of Users during the inputting of Contributions and in no way influences the contents of Contributions.
With regard to aforementioned procedure, the Service is regarded as a service enabling the storage of information provided by Users (i.e. Contributions) in accordance with Section 5 of Act No. 484/2004 Coll., on Some Information Society Services, as amended (hereinafter as the “AoISS”) and the Provider is therefore regarded as the provider of information society services in accordance with Section 2(a) and (d) of AoISS.
In accordance with provisions of AoISS, the Provider is not obligated to supervise the content of saved information (i.e. Contributions) and actively search for facts and circumstances indicating the unlawful content of information input.
Any person is entitled to send to the Provider a notification of an unlawful nature of a Contribution. Such notification must contain sufficient information so that the Provider demonstrably learns of an illegal nature of a Contribution (such as identification of the Contribution, reasons of illegality, referenced to a legal regulation breached and evidence of illegality). These notifications can be sent to the Provider by e-mail to the address su*****@sp*********.com.
The Provider is not obligated to assess an illegality of a Contribution. The Provider will therefore only remove a Contribution provided that an illegality of such Contribution shall be proved by legal justification and relevant evidence described in the notification.
You expressly understand and agree that:
You expressly understand and agree that the Provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
You agree to indemnify and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for internet access.
Please note that the Provider cooperates with several partners including affiliate programs and affiliations and when you click on various merchants on the Website and make a purchase, it can result in earning a commission by the Provider. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
All notices shall be in writing and shall be made either via email or conventional mail. The Provider may also broadcast notices or messages through the Service to inform User of changes to the Terms and Conditions, the Service or other matters of importance; such broadcasts shall constitute notice duly delivered to Users.
The Provider’s failure to enforce any of the provisions set out herein, or failure to exercise any option to terminate, shall not be construed as waiver of any such provision and shall not affect the validity of the Terms and Conditions or of any part thereof, or the right thereafter to enforce each and every provision.
The Provider reserves a right to change the Terms and Conditions with immediate effect from time to time as it sees fit. The Provider shall notify Users of an change of the Terms and Conditions at least 15 days before the effective date of the new version of the Terms and Conditions. You are entitled to reject such change of the Terms and Conditions in writing in a letter sent to the Provider’s address or in the form of an email sent to the Provider’s email address. If you do not reject a change of the Terms and Conditions, you will be regarded as having accepted the new version of the Terms and Conditions when first logs in to your User account.
The Provider may also change our subscription type and the price of the Service from time to time; however, any price changes or changes to your subscription type will apply no earlier than 15 days following notice to you.
If you notify the Provider in accordance with the previous paragraph that you do not accept the change of the Terms and Conditions, the original text of the Terms and Conditions shall apply to all legal relationships arising until the time of notification between you and the Provider. In such a case, the Provider will terminate your User account within the Service.
Any possible disputes arising from the relationship between Users and the Provider shall be settled exclusively under the law of the Czech Republic and shall be settled by the competent courts of the Czech Republic.
Any disputes arising between the Provider and the User may be settled out of court. The User - consumer may contact the extrajudicial dispute resolution entity, such as the Czech Trade Inspection Authority or resolve the dispute on-line through the ODR platform designated for this purpose. More information about the alternative dispute resolution can be found here. The Provider, however, recommends Users to first contact the Provider to address the situation.
The relationship between the Provider and Users and the Terms and Conditions are governed by the laws of the Czech Republic. By accessing these websites and using the Services you shall be deemed to have accepted said Terms and Conditions and in so doing you consent to the exclusive jurisdiction of the courts of the Czech Republic.
Should any provision of the Terms and Conditions be or become invalid, unenforceable or ineffective, such provision shall not in any manner affect or impair the validity, enforceability or effectiveness of any other provision hereof.
For the purposes of any communication with the Provider, Users may use contact form or email su*****@sp*********.com.
These Terms and Conditions are valid and effective from 1.6.2021.
